PEOPLE v. PAGE (2026)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Kyhree PAGE, Defendant–Appellant.

5619-, 5620

Decided: January 15, 2026

Kern, J.P., Scarpulla, Kapnick, Shulman, Hagler, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Judgments, Supreme Court, New York County (Marisol Martinez Alonso, J.), rendered October 28, 2024, convicting defendant, upon his pleas of guilty, of two counts of robbery in the third degree, and sentencing him to a jail term of 6 months and a split sentence of 6 months in jail and 5 years of probation, to run consecutively, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed at sentencing on the conviction under indictment Number 75273/22, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing under indictment No. 75273/22 (see People v. Chirinos, 190 A.D.3d 434, 435, 135 N.Y.S.3d 641 [1st Dept. 2021]). We note that the People do not oppose this relief. There is no basis for similar relief as to the conviction under indictment Number 73610/23, because that crime was committed when defendant was more than 21 years old.

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